Prosecution decisions in cases of domestic violence involving children

Increasing attention is being paid to the problem of children as the secondary victims of domestic violence. It is now well documented that children suffer as a result of domestic violence. However, it has yet to be shown how, if at all, the presence of children as direct or indirect victims influences the decision-making of the police and prosecutors in those cases of domestic violence which enter the criminal justice process. The findings of an empirical study of the Crown Prosecution Service (CPS) that shed light on this issue are discussed in this article. The research, which combined an analysis of case files with observations and discussions with prosecutors, suggests important differences between the approach of the police and CPS lawyers.     

No longer a civil matter? The design and use of protection orders for domestic violence in England and Wales

ABSTRACT

This paper assesses the design and use of protection orders for domestic violence in England and Wales. It draws on data from 400 police classified domestic violence incidents and 65 interviews with victims/survivors, as well as new analysis of government justice data from England and Wales, to address a gap in literature on protection orders.

The paper identifies an increasing civil-criminal ‘hybridisation’ of protection orders in England and Wales, and argues that a dual regime has developed, with orders issued by police and/or in criminal proceedings increasingly privileged (and enforced) over victim-led civil orders. Whilst protection orders are being used – as intended – flexibly to protect domestic violence victims, the way they are applied in practice risks downgrading domestic violence in criminal justice terms.

The conclusions are especially timely in light of current Government proposals to rationalise protection orders by introducing a single overarching Domestic Abuse Protection Order in England and Wales.     

Drawing the Necessary Line: A Review of Dating Domestic Violence Statutes around the United States

Orders of protection help combat dating violence by ensuring a period of separation between the victim and the abuser. The prevalence of dating violence is similar to that of spousal abuse and the effects on the nonmarried victims are just as severe. Some jurisdictions in the United States do not offer victims in dating relationships protective orders and two states restrict orders for same‐sex couples only. Other state statutes are inadequate. A uniform statute that permits participants in dating relationships access to protective orders should be implemented across the country.

Key Points for the Family Court Community:
• See and understand the changes in dating domestic violence statutes
• Up to date as of 2011 with 2012 amendments to state statutes

     

Safety,Satisfaction, and Settlement in Domestic Relations Mediations: New Findings

Researchers and mediators have long been concerned about coercion, intimidation, and safety threats that could occur in mediation for cases where previous violence between the parties has occurred. Most of the research focuses on screening tools to identify parties at risk. When parties screen positive for intimate partner violence (IPV), some proceed to mediation and some do not, depending on the policies of individual mediation programs. But this misses a step: Some cases may benefit from mediation while others won't, but how can we predict whether mediation will be useful and safe in specific instances? This study uses survey data obtained from parties in domestic relations mediations to examine issues of safety, satisfaction, and settlement in the presence of various IPV behaviors.     

INCREASING THE PROPORTION OF DOMESTIC VIOLENCE ARRESTS THAT ARE PROSECUTED: A NATURAL EXPERIMENT IN MILWAUKEE*

Research Summary: Mandatory and pro‐arrest policies in domestic violence incidents have increased strains on prosecutorial and court resources. They have also brought to prosecutors many cases in which victims never wanted batterers charged and prosecuted. Prosecutors are faced with the dilemma of (a) screening out difficult cases up front and expending resources on fewer but more winnable case or (b) prosecuting a larger number of cases as adequately as resources will allow. We studied a natural experiment that resulted when the Milwaukee prosecutor liberalized his screening policy to double the number of domestic violence case filings. After the new screening policy was implemented, time to disposition doubled, convictions decreased, the prevalence of pretrial crime increased, and victim satisfaction declined. Policy Implications: The results do not support the idea that domestic violence cases can be readily prosecuted without regard for victim desires. To commit to such a policy would require a substantial commitment of additional staff, resources to collect additional types of evidence, and a willingness to try a substantially larger number of cases.     

Empathic Deficits Among Male Batterers: A Multidimensional Approach

Although recent literature has focused considerable attention on the link between empathic deficits and violence in studies of childhood aggression and sexual assault, relatively few studies have directly examined the relationship of empathic deficits to domestic violence. This study examined a multimodal construct of empathy as proposed by M. H. Davis (1980) and it's relationship to frequency of various types of intimate partner violence in a sample of domestically violent male perpetrators (n = 104). Preliminary results suggest that multiplicative patterns of empathic ability correspond to different types of violence. Moreover, patterns of empathic ability were more useful in predicting various expressions of intimate partner violence than were the empathic factors when considered individually.     

DOMESTIC VIOLENCE LEGISLATION: EXPLORING ITS IMPACT ON THE LIKELIHOOD OF DOMESTIC VIOLENCE,POLICE INVOLVEMENT,AND ARREST*

Research Summary: This research uses data from the National Crime Victimization Survey to test whether legislation affects domestic violence, police involvement, and arrest. Findings suggest that most laws do reduce the chances of family or intimate violence. Fewer appear to influence police involvement, and none relate to more arrest. This suggests that laws may deter would‐be offenders from harming family and partners. Policy Implications: The findings suggest that states should continue to aggressively pursue domestic violence offenders. However, local officials should recognize that mandatory arrest laws could reduce the number of cases that enter the system. Further, more protection should go toward victims when the state awards them custody of the children.     

构建和谐社会应从营造和谐家庭着手

家庭是社会的细胞,构建和谐社会应该从构建和谐家庭着手。充分正确认识和谐家庭与和谐社会的关系将关系到整个社会的健康、稳定和发展。本文针对当前部分家庭存在的一些不和谐因素,提出如何营造和谐家庭,目的在于促进社会稳定,构建和谐社会。     

Violent Stalkers. Detecting Risk Factors by the Police

In the experience of stalking victims a common element is the fear of physical violence. Until now risk factors that predict physical violence within stalking contexts have been carried out in relatively small, clinical-forensic samples. Consequently, the validity and practical utility of these risk factors in the law enforcement context remains unknown. Furthermore some risk factors have been identified in this research on the basis of information that is not available for or difficult to detect by the police in an early stage of the law enforcement process. The identification of risk factors of physical violence in stalking incidents in an early stage by the police was the subject of the presented study. Risk factors are identified based on literature, content analysis of police records and by testing interaction terms. Therefore 204 judicial files were analyzed, resulting in a five factor model predicting physical violence. Theoretical and practical implications of these findings are discussed.

反专利权滥用法律规制研究

专利权人或独占实施的被许可人不正当行使其权利、不实施其专利、利用其优越地位不正当地限制交易、或采取不公正的交易方法造成他人利益或公共利益受到损害的,构成专利权滥用。我国法律、法规没有对专利权滥用行为进行界定,强制性法律规范不健全,缺乏具有操作性的救济措施,对其规制的措施尚不够有力。同时执行机构多元化,执法程序不够完善,导致执法不统一。在专利权滥用法律规制模式上,我国宜采用二元制的规制模式。     

The Need for a Stronger Definition: Recognizing Abandonment as a form of Elder Abuse Across the United States

Elder abuse is a growing public health problem in the United States and statistics show that each year, hundreds of thousands of elders are abused in some manner. This Note discusses elder abuse while focusing specifically on the occurrence of elder abandonment and how the majority of states do not recognize elder abandonment as a form of elder abuse in their statutes. Moreover, this Note proposes a model statute to be adopted by every state in an effort for elder abandonment to become more widely reported. Elder abandonment is an unfortunate phenomenon and those who contribute to elder abandonment should face criminal liability similar to those abusers who engage in elder neglect or other types of elder abuse. Furthermore, this Note emphasizes that there should be a greater focus on how caregivers can seek assistance in order to prevent elder abuse in the United States.     

An Investigation of Posttraumatic Stress Disorder and Depressive Symptomatology among Female Victimsof Interpersonal Trauma

This study examined factors associated with PTSD-depression comorbidity among a sample of 162 adult female rape or assault victims with PTSD, as well as potential differential predictors of PTSD and depression severity. PTSD-only participants reported higher levels of childhood sexual abuse than those with comorbid PTSD and depression, and the PTSD/MDD group reported relatively more distorted trauma-related beliefs, dissociation, PTSD severity, and depression severity. Distorted trauma-related beliefs and dissociation were the strongest unique predictors of higher PTSD and depressive symptoms. Rates of PTSD and depression comorbidity did not appear to be a function of symptom overlap. Study findings suggest possible explanations for the high PTSD and depression comorbidity rates commonly found among victims of interpersonal violence. This research was supported in part by a grant to Patricia A. Resick from the National Institute of Mental Health (R02-MH51509).